How to File a Lawsuit in Thailand

If you want to take legal action against somebody in Thailand, you can file a civil lawsuit against them and take the issue to court. As a foreigner, filing a lawsuit in Thailand functions similarly to other countries, but you’ll still need to make certain preparations to improve your chances of success.

Continue reading to learn more about properly filing a lawsuit, how to prepare for one, and what requirements to satisfy.

What is a Lawsuit?

A lawsuit is an escalated legal case presented in court, where one individual (the plaintiff) files a complaint against another (the defendant). According to the Thai Civil and Commercial Code (TCCC), you can only file lawsuits in courts in jurisdictions where the defendant is domiciled. It involves many procedures before reaching an outcome such as filing claims and gathering sufficient evidence to support them.

What Are the Requirements For a Lawsuit?

You’ll need to fulfill some requirements to file a lawsuit. Some of the requirements may be different depending on the type of lawsuit and the court the case is being taken to:

Timeframe

Some lawsuits can only be filed within a specific timeframe. For instance, you can only file personal injury claims within 1 or 10 years from the date of the incident. 

Language

If a Thai court is involved, all original or certified copies of documents you submit must be in Thai. Because of this, any necessary foreign documentation you have must be accompanied by a certified translation. Under some circumstances, you may also need to get them notarized and legalized by the Royal Thai Consulate. 

A Legitimate Reason

You need to have legitimate reasons to sue someone. This refers to a situation that directly affects you and remains unresolved. If you’re unsure if you have the grounds to file a lawsuit, it’s best to consult an experienced and bilingual lawyer. 

Legal Entity

Only certain individuals or entities can file a lawsuit. This includes:

• Natural person: A single person or many individuals acting as either the plaintiff or the defendant.
  
• Corporation: A singular or multiple legal entities playing a certain role in the dispute. This can consist of business partnerships, government organizations, and non-profits. 

The Ability to File a Lawsuit

You can only file a lawsuit if you have the right and capability to enter into legally binding agreements and make the right decisions. If there are complications (such as if you have a disability or are under 19 years of age), you can consult a representative to act on your behalf such as:

• Your parent
• Your guardian
• A trustee
• An executor 

What Are the Challenges of a Lawsuit in Thailand?

Taking legal action against a defendant involves some challenges that require consulting a legal expert. Some of these may include:

• Costs: Lawsuits are expensive as you’ll have to contend with court fees, filing fees, paying for legal representation, and other legal costs. Consulting a lawyer will help you manage these costs and avoid incurring unnecessary expenses by resolving your case as swiftly as possible.
  
• Uncertainty: Regardless of how much evidence you provide, you can risk losing the lawsuit or even having it backfire. This is why it is important to have a strong case going in, and a knowledgeable lawyer who can help you gather as much evidence as possible.
  
• Length: Lawsuits can take a long time to process and it may even take years before it can be fully resolved, so this is not a step to be taken lightly. Discuss with your lawyer strategies to reduce this time, such as mediating the dispute and settling outside of court.
  
• Stress: The expenses required, the level of uncertainty, and its length can lead to emotional problems and stress. Having a skilled lawyer will help streamline the process, reduce delays, and alleviate any concerns. 

How to go Through the Litigation Process in Thailand

Once you’ve met all the requirements and understood how to overcome all the possible obstacles, you begin the litigation process and file your lawsuit. An overview of this exact process is detailed below:

1. Start by reaching out to a professional lawyer, who will investigate your case and consolidate any evidence you provide. Be sure they have experience both with civil suits and representing foreign clients.
2. File a legal claim to the court in the defendant’s legal domicile, with full details regarding the case and reasons for the lawsuit. You will need your lawyer’s help to draft this claim to Thai legal standards.
3. The defendant may respond to the allegations by denying them, providing counter-arguments, and consulting a lawyer to protect them. 
4. You and your lawyer will have to work together to build evidence for your case, which may involve additional documentation, testimonies, and witness statements.
5. Before getting to trial, your lawyer should discuss with you and the defendant the possibility of settling outside of court. If you can come to an agreement during mediation, you can get rightful compensation without a lengthy and expensive court battle, which helps both sides. 
6. If your issue remains unresolved, a trial will begin and you’ll be able to present your evidence and arguments before the judge, as will the defendant. The judge will review all evidence before coming to a decision.  
7. You’ll be notified of the lawsuit’s outcome after the court has had time to deliberate. If the defendant has won or you’re dissatisfied with the results, you can appeal to a higher court.

Why You Should Hire a Lawyer for Your Lawsuit in Thailand?

Reaching out to a lawyer is essential for resolving a legal dispute smoothly and efficiently. Here are some of the following ways a legal expert can help you with your case: 

• They can resolve your case before it gets taken to court by mediating with the court and the defendant.
• They can help collect sufficient evidence to be presented to court such as photographs, videos, witness statements, and written documentation, and help you look for evidence in places you may not have considered.
• Help you file a lawsuit to the correct court and follow court procedures carefully so you are not disqualified due to an administrative error. 
• Assist you in further simplifying the process by reviewing all evidence you’ve provided and translating documents. 
• A lawyer will help to significantly raise your chances of success by representing you in court and providing the best possible strategy depending on your case. 

Reach Out to Siam Legal for Professional Assistance with a Lawsuit

To give yourself the highest chance of success when filing a lawsuit in Thailand, reach out to our professional litigation lawyers at Siam Legal. With over 20 years of experience as a full-service law firm, our team has the required skills and knowledge to effectively initiate and resolve lawsuits for foreign clients. With our experienced lawyers by your side, you’ll have the professional guidance you need to win the compensation you deserve.

Contact Siam Legal today and take the first step toward victory and justice for your lawsuit.

Category: Civil and Commercial Law, Criminal Law, Litigation